Question for Tintmasters
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Independent Contractor Verification
The distinction between an independent contractor relationship and an employment relationship is an important and sometimes ambiguous one. Independent contractors, as opposed to employees, are not protected by labor standards, workers compensation, or unemployment insurance, and are treated differently than employees for tax purposes by the Internal Revenue Service. Contrary to some common thought, parties may not simply agree that their relationship is an independent contracting relationship rather than employment. The distinction is based, under law, upon objective characteristics of the relationship. The intent of the parties is only one of twenty such characteristics.N.D.C.C. § 34-05-01.4 authorizes the North Dakota Department of Labor to verify the independent contractor status future or existing work relationships in the state. In addition, department has authority to determine the status of a work relationship after it has ended within the context of a claim for unpaid wages.
Other state and federal agencies have independent authority to determine when a worker is an employer or a contractor for their own purposes. For example, the Workers Compensation Bureau can determine when an employer must pay workers compensation premiums for a worker and Job Service North Dakota can determine when unemployment insurance premiums must be paid.
An affirmative verification of independent contractor status from the Department of Labor protects the business from retroactive liability if another agency later determines that the verified relationship is, in their view, an employment relationship. If another agency does so, it may not charge an employer retroactive premiums or penalties. If the department has not verified a relationship to be an independent contractor relationship and another agency determines the relationship to be an employment relationship, the employer may be required to pay back premiums and penalties for the entire duration of the relationship.
The independent contractor verification process is completely voluntary and offered at no cost to either party. Under state law, the department will utilize a twenty-point "Common Law Test" to make determinations. This test involves reviewing twenty characteristics of a relationship and weighing the overall relationship in light of these factors. The factors considered are:
**Degree of Control - The organization should not have the right to control the method or manner of the job to be performed. **
<u>Right to Discharge - The organization cannot terminate the contractor as long as he or she meets his or her obligations under the contract. </u>
Right to Delegate Work - The contractor can bring in whomever he or she wants to accomplish the purpose of the contract.
<u>Hiring Practice - The contractor should have the right to hire and fire assistants that he or she uses in performing the contract.</u>
**Payment Practices - An independent contractor should be paid by the job as opposed to by the hour, week, or month. ** Furnish Training - The organization should not provide any type of training for inexperienced workers.
Skill - Independent contractors are generally viewed as skilled workers.
**<u>Duration of Relationship - The contractor should be hired for a specified time period. Continuous work implies an employer-employee relationship</u>. **
Control Over Hours of Work - An independent contractor should be allowed to set his or her own hours.
Independent Trade - The contractor should be free to work for any number of persons or firms simultaneously.
Furnishing of Tools - The contractor should be able to provide her or her own tools.
Place of Work - if possible, the independent contractor should perform his or her job off the organization's premises.
Profit or Loss - The contractor should have the opportunity for profit or loss.
Intent of the Parties - The parties' intent to create an independent contractor relationship should be documented.
Principal in Business - The contractor should be a principal in his or her own business.
Sequence of Work - The contractor should be able to determine the sequence of the work performed outside of the organization's control.
Reports Required - The contractor should not be required to submit regular oral or written reports.
Same Work as Regular Employees - The organization should not have the independent contractor do the same type of work as its regular employees.
Integration - The organization should not engage an independent contractor to do something that is part of the day-to-day operations of the company.
Traveling Expenses - The firm should not pay for the worker's business or traveling expenses. -
I just think it is weird that no one responded for a long time when they saw it awhile ago.
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FARGO, your reading this wrong. This has nothing to do with payroll, taxes or insurance. All it deals with is a name.
The reason I didnt reply is im not a part of fargostreet and not trying to get into a pissing match on someone elses forum
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I just have a question. Tintmasters posted they are on the top of the food chain, and Roadsounds on the other side of the state, owns there name rights. So does that leave tintmasters or Roadsounds at the top end.
haaha aint that a bitch.
Nick would you like to chime in on this one?...
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After speaking to my attorney, regardless of who holds the tax ID, the final decision is held through the secretary of states offices and to who holds the registered name.
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I dont have a way of scanning it in, but assure you the secretary of states site doesnt lie.
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Take a picture of it Steve haha.
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TINTMASTERS
Trade Name
System ID: 21464900
Status: Active
Original File Date: 09/07/2005
Phone: (866) 839-4621Last Renewal Date:
Nature of Business
TINTING CARS & CAR AUDIO
Owners
S AND S PROPERTIES INC.701 31ST AVE SW
MINOT, ND 58701-7032
TINTMASTERS MOTORSPORTS
Trade Name
System ID: 21504100
Status: Active
Original File Date: 09/15/2005
Phone: (701) 839-4621Last Renewal Date:
Nature of Business
TINT CAR STEREO PERFORMANCE
Owners
S AND S PROPERTIES INC.701 31ST AVE SW
MINOT, ND 58701-7032
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I got one of tho's papers too...
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